Tweet
Please help me in fixing the below issue,
I entered USA (first time) on H1B with Employer - A (with visa stamped on passport by US consulate in Home country-INDIA), changed to Employer B while you are in USA (No visa stamped as of now). New H1B was approved and I received new I-797 with I-94 valid till 11 Nov 2016. Aug 2015 I visited my home country. While coming back, I have presented my new employer's (Employer B) I-797 at Port of Enter (POE) in USA. They gave me I-94 that was valid till 10 OCT 2015 - same as the validity date of Employer-A's Visa. I did not notice about it. I closed my passport and re-opened it just few days back to apply for my I-797 extension (issued by Employer B). I sent copy of I-94 to my Employer B's attorney and he was shocked to see the date on it set to OCT 10, 2015. He says I have overstayed for 8 months and am in real trouble.
However, I still have the I-94 that I received with new employer's I-797A.
Due to a family emergency, as my father passed away, I came to India (home) country. Now I would like to know as my visa expired on Sept 2015 as well as my I-94 (as per my attorney), shall I go ahead with my extension of H1B and get a new H1B to attend the visa consulate process (Dropbox system, as I am eligible it showed after I filled up the DS160 with current details). Or since my current I-797 which is still valid until Nov 11 2016, should I go and attend the visa consulate process.
I entered USA (first time) on H1B with Employer - A (with visa stamped on passport by US consulate in Home country-INDIA), changed to Employer B while you are in USA (No visa stamped as of now). New H1B was approved and I received new I-797 with I-94 valid till 11 Nov 2016. Aug 2015 I visited my home country. While coming back, I have presented my new employer's (Employer B) I-797 at Port of Enter (POE) in USA. They gave me I-94 that was valid till 10 OCT 2015 - same as the validity date of Employer-A's Visa. I did not notice about it. I closed my passport and re-opened it just few days back to apply for my I-797 extension (issued by Employer B). I sent copy of I-94 to my Employer B's attorney and he was shocked to see the date on it set to OCT 10, 2015. He says I have overstayed for 8 months and am in real trouble.
However, I still have the I-94 that I received with new employer's I-797A.
Due to a family emergency, as my father passed away, I came to India (home) country. Now I would like to know as my visa expired on Sept 2015 as well as my I-94 (as per my attorney), shall I go ahead with my extension of H1B and get a new H1B to attend the visa consulate process (Dropbox system, as I am eligible it showed after I filled up the DS160 with current details). Or since my current I-797 which is still valid until Nov 11 2016, should I go and attend the visa consulate process.
Comment